JMC 402Mass Communication LawSpring, 2010Exam II Study GuideThings to know and know about:•what it’s called when laws limit press freedomand those in the mediachilling effect- an effect brought about by any practice that discourages the exercise of constitutional right. In First Amendment law, a measure that deters freedom of expression may be said to have a chilling effect.•the purpose of libel lawDefinition of libel- Damaging an individual’s reputation by communicating false information.Purpose of libel law- Freedom of speech, press, expression vs. Protecting reputation•the elements of the libel plaintiff’s case, and how many of them a plaintiff must prove to win a case•A statementof fact (not opinion)...•that is published...•of and concerning someone (identification)...•that injures the reputation of that person (it’s defamatory)...•that is false...•and is the result of faultby the defendant.•statute of limitations•1, 2, or 3 years depending on the state•Arizona: 1 year•the importance of New York Times v. Sullivanand various aspects of thecase–“breathing space”–“Constitutionalizes” libel protection•See “realWorld Law,” p. 153–“Sullivan abandoned the traditional approach…[and] focused onthe danger that actions for libel might deter expression that liesat the very heart of First Amendment concern.”–public official (vs. private figure)

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The U.S Supreme Court made it clear that the failure by the newspaper in that case to check the advertisement against its own records did not rise to the level of reckless disregard.•the meaning of actual malice, its elements, and who must prove it in libelcasesActual Malice:•knowing the information is false, or…•reckless disregard for the truthPublic official plaintiffs must prove it in libel cases.•how “public figure” is defined- In libel law, a plaintiff who is in the public spotlight, usually voluntarily, and must prove the defendant acted with actual malice in order to win.1. All-purpose public figure-In libel law, a person who occupies a position of such persuasive power and influence as to be deemed a public figure for all purposes. Public figure libel plaintiffs are required to prove actual malice.2. Limited-Purpose Public Figures- In libel law, those plaintiffs who have attained public figure status within a narrow set of circumstances by thrusting themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved; this kind of public figure is more common that the all-purpose public figure.

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